Personal Injury Attorney in New York and New Jersey

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Worker's compensation is a system created by the New Jersey legislature that provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments, and compensation for a resulting permanent disability. In the event of the death of an injured worker, benefits are payable to the family of the worker. Benefits may be voluntarily, or it may be necessary to apply to the Workers' Compensation Courts for relief.

As an injured worker, you have rights. When you or someone in your family is injured on the job, and you need legal help getting the worker's compensation benefits you deserve, consider hiring an experienced worker's compensation attorney. We at the Lynch Law Firm can and will help you through this process. Dealing with an injury is difficult enough - our aim is to make collecting necessary benefits easier on you and your family. Let us help you get the benefits you need to meet medical bills and take care of your family.

Medical Benefits
All necessary medical treatment and hospitalization services should be provided by the employer or the employer's insurance carrier. This treatment must be "authorized" by the carrier or the employer. The employer has the right to choose the treating physician. If the employer refuses to provide medical treatment, the injured worker is free to choose the treating physician. However, in the case of an emergency, an injured worker may obtain medical or hospital treatment without specific authorization from the employer, but the employer should be notified as soon as possible concerning the treatment being received.

Temporary Disability Benefits
If there is list time which extends beyond seven calendar days due to injury, temporary disability benefits become payable starting with the first day lost. The benefits amount in 70 percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the Commissioner of Labor and Workforce Development. Your attorney at the Lynch Law Firm can show you the chart explaining benefits.

Permanent Partial Benefits
When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain "scheduled" or "nonscheduled" loses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears, or teeth. A "nonscheduled" loss is one involving the back, heart, lungs, etc.

Permanent Total Benefits
When a job-relating injury results in permanent total disability, the injured worker is entitled to payments for 450 weeks, which will be continued thereafter for as long as the total disability exists. However, after the 450 weeks, these payments are subject to reduction for wages earned from employment.

Weekly payments for permanent disability are 70 percent of the gross weekly wages at the time of the injury, up to a maximum established annually by the Commissioner of Labor and Workforce Development.

Permanent total disability is presumed when the worker has lost two major members or combination of members on the body such as eyes, arms, hands, legs or feet. However, permanent total disability can result from other injuries that render the worker unemployable.

Death Benefits
When a job-related accident or illness results in the worker's death, benefits are payable to the dependents of the worker as defined by the law. The weekly benefits payment is 70 percent of wages, but the maximum total benefit payable to all of the worker's dependent cannot exceed the maximum established annually by the Commissioner of Labor and Workforce Development.

A surviving spouse and natural children who were not part of the dependent's household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc) must prove actual dependency.

Children who are deemed to be dependents remain so until the age of 18, or, if a full-time student, until the age of 23. If the child is physically or mentally disabled, he/she may be eligible for further benefits.

The employer or the employer's insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.